3462 Federal Register / Vol. 75, No. 13 / Thursday, January 21, 2010 / Notices 

to intervene or protest must serve a copy 

of that document on the Applicant and 

all the parties in this proceeding. 

The Commission encourages 

electronic submission of protests and 

interventions in lieu of paper using the 

‘‘eFiling’’ link at http://www.ferc.gov. 

Persons unable to file electronically 

should submit an original and 14 copies 

of the protest or intervention to the 

Federal Energy Regulatory Commission, 

888 First Street, NE., Washington, DC 

20426. 

This filing is accessible on-line at 

http://www.ferc.gov, using the 

‘‘eLibrary’’ link and is available for 

review in the Commission’s Public 

Reference Room in Washington, DC. 

There is an ‘‘eSubscription’’ link on the 

Web site that enables subscribers to 

receive e-mail notification when a 

document is added to a subscribed 

docket(s). For assistance with any FERC 

Online service, please e-mail 

FERCOnlineSupport@ferc.gov, or call 

(866) 208–3676 (toll free). For TTY, call 

(202) 502–8659. 

Comment Date: 5 p.m. Eastern Time 

on January 21, 2010. 

Kimberly D. Bose, 

Secretary. 

[FR Doc. 2010–1007 Filed 1–20–10; 8:45 am] 

BILLING CODE 6717–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPPT–2009–1013; FRL–8807–9] 

Claims of Confidentiality of Certain 

Chemical Identities Submitted under 

Section 8(e) of the Toxic Substances 

Control Act 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: EPA is announcing a new 

general practice of reviewing 

submissions under section 8(e) of the 

Toxic Substances Control Act (TSCA) 

for confidential business information 

(CBI) claims of chemical identities listed 

on the public portion of the TSCA 

Chemical Substances Inventory. Where 

a health and safety study submitted 

under section 8(e) of TSCA involves a 

chemical identity that is already listed 

on the public portion of the TSCA 

Chemical Substances Inventory, EPA 

expects to find that the chemical 

identity clearly is not entitled to 

confidential treatment. EPA believes 

this new general practice will make 

more health and safety information 

available to the public and support an 

important part of the Agency’s mission: 

To promote public understanding of the 

potential risks posed by chemicals in 

commerce. 

FOR FURTHER INFORMATION CONTACT: For 

general information contact: Colby 

Lintner, Regulatory Coordinator, 

Environmental Assistance Division 

(7408M), Office of Pollution Prevention 

and Toxics, Environmental Protection 

Agency, 1200 Pennsylvania Ave., NW., 

Washington, DC 20460–0001; telephone 

number: (202) 554–1404; e-mail address: 

TSCA-Hotline@epa.gov. 

For technical information contact: 

Scott M. Sherlock, Environmental 

Assistance Division, Office of Pollution 

Prevention and Toxics, Environmental 

Protection Agency, 1200 Pennsylvania 

Ave., NW., Washington, DC 20460– 

0001; telephone number: (202) 564– 

8257; e-mail address: 

sherlock.scott@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this Action Apply to Me? 

This notice is directed to the public 

in general. It may, however, be of 

particular interest to you if you 

manufacture (defined by statute to 

include import) and/or process 

chemicals covered by TSCA (15 U.S.C. 

2601 et seq.). You may be identified by 

the North American Industrial 

Classification System (NAICS) codes 

325 and 32411. Because this notice is 

directed to the general public and other 

entities may also be interested, the 

Agency has not attempted to describe all 

the specific entities that may be 

interested in this action. If you have any 

questions regarding the applicability of 

this action to a particular entity, consult 

the technical person listed under FOR

FURTHER INFORMATION CONTACT. 

B. How Can I Get Copies of this 

Document and Other Related 

Information? 

1. Docket. EPA has established a 

docket for this action under docket 

identification (ID) number EPA–HQ– 

OPPT–2009–1013. All documents in the 

docket are listed in the docket index 

available at http://www.regulations.gov. 

Although listed in the index, some 

information is not publicly available, 

e.g., CBI or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

electronically at http:// 

www.regulations.gov, or, if only 

available in hard copy, at the OPPT 

Docket. The OPPT Docket is located in 

the EPA Docket Center (EPA/DC) at Rm. 

3334, EPA West Bldg., 1301 

Constitution Ave., NW., Washington, 

DC. The EPA/DC Public Reading Room 

hours of operation are 8:30 a.m. to 4:30 

p.m., Monday through Friday, excluding 

legal holidays. The telephone number of 

the EPA/DC Public Reading Room is 

(202) 566–1744, and the telephone 

number for the OPPT Docket is (202) 

566–0280. Docket visitors are required 

to show photographic identification, 

pass through a metal detector, and sign 

the EPA visitor log. All visitor bags are 

processed through an X-ray machine 

and subject to search. Visitors will be 

provided an EPA/DC badge that must be 

visible at all times in the building and 

returned upon departure. 

2. Other related information. For 

information about EPA’s programs to 

evaluate new and existing chemicals 

and their potential risks, go to http:// 

www.epa.gov/oppt/index.htm. For more 

information about reporting under 

TSCA section 8(e), go to http:// 

www.epa.gov/opptintr/tsca8e/ 

index.htm. 

II. What Action is the Agency Taking? 

The Agency expects to respond to 

certain CBI claims regarding chemical 

identities with a determination letter 

under 40 CFR 2.306(d) and 40 CFR 

2.204(d)(2). This Federal Register 

document only serves to announce this 

new general practice and is not itself a 

final Agency action; rather, any 

determination letter issued by EPA will 

constitute the Agency’s final 

determination that the chemical identity 

at issue clearly is not entitled to 

confidential treatment under TSCA 

section 14 (15 U.S.C. 2613). 

At this time, EPA expects to issue 

these letters only when the chemical 

identity claimed as CBI: (1) Is already 

publicly available on the TSCA 

Chemical Substances Inventory, and (2) 

is submitted under TSCA section 8(e) as 

part of—or data from—a health and 

safety study. 

Each letter will provide a contact 

person within the Agency whom the 

recipient of the letter can contact with 

any questions or concerns about the 

determination related to their 

submission. 

This action is part of a broader effort 

to increase transparency and provide 

more valuable information to the public 

by identifying programs where non-CBI 

may have been claimed and treated as 

CBI in the past. For such information, 

EPA is considering what actions might 

be appropriate in accordance with its 

regulations at 40 CFR part 2, subpart B. 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 13 / Thursday, January 21, 2010 / Notices 3463 

III. What is the Agency’s Authority for 

Taking this Action? 

As a general rule, TSCA section 

14(b)(1) provides that health and safety 

studies and data from health and safety 

studies are not entitled to treatment as 

CBI, with an exception for information 

that ‘‘discloses processes used in the 

manufacturing or processing of a 

chemical substance or mixture,’’ or, in 

the case of a mixture, where release of 

the data discloses the portion of a 

mixture comprised by a particular 

substance. 15 U.S.C. 2613(b)(1). 

EPA considers information contained 

in a notice of substantial risk under 

TSCA section 8(e) to be health and 

safety information and, therefore, 

covered by the term ‘‘health and safety 

study,’’ as defined in section 3(6) of 

TSCA. See ‘‘TSCA Section 8(e); 

Notification of Substantial Risk; Policy 

Clarification and Reporting Guidance,’’ 

68 FR 33129 at 33136, June 3, 2003 

(FRL–7287–4). Chemical identity is part 

of a health and safety study. See e.g., 40 

CFR 716.3 and 40 CFR 720.3(k). As 

such, chemical identity associated with 

a health and safety study in a TSCA 

section 8(e) submission is not entitled to 

confidential treatment unless it falls 

into the exemption under TSCA section 

14(b)(1). Where the identity of a 

chemical substance is already contained 

on the public portion of the TSCA 

Chemical Substances Inventory, which 

is publicly available from the National 

Technical Information Service and other 

sources, EPA believes that the identity 

itself, even assuming it might otherwise 

be CBI, as well as any information that 

might be derived from it about processes 

or portions, has already been disclosed. 

EPA’s regulations regarding CBI at 40 

CFR part 2, subpart B provide for a 

process where the relevant office 

determines that certain information 

clearly is not entitled to confidential 

treatment. See 40 CFR 2.306(d); 40 CFR 

2.204(d)(2); and 40 CFR 2.205(f). As 

provided in the regulations, the letters 

will serve as the final EPA 

determinations concerning the subject 

confidentiality claims, and recipients of 

the letters may seek judicial review 

under 5 U.S.C. 701 et seq. 

IV. Why is EPA Taking this Action? 

Part of the Agency’s mission is to 

promote public understanding of 

potential risks by providing 

understandable, accessible and 

complete information on potential 

chemical risks to the broadest audience 

possible. In support of this mission, 

EPA posts useful information about 

chemicals regulated under TSCA for the 

public on its website (http:// 

www.epa.gov/oppt/index.htm). One 

important source of this information is 

submissions to the Agency under TSCA 

section 8(e). TSCA section 8(e) requires 

that: 

Any person who manufactures, processes, 

or distributes in commerce a chemical 

substance or mixture and who obtains 

information which reasonably supports the 

conclusion that such substance or mixture 

presents a substantial risk of injury to health 

or the environment shall immediately inform 

the Administrator of such information unless 

such person has actual knowledge that the 

Administrator has been adequately informed 

of such information. 

15 U.S.C. 2607(e). 

When EPA receives submissions 

under TSCA section 8(e), it makes this 

information available on its website. 

Previously, EPA’s general practice had 

been to redact chemical identity from 

TSCA section 8(e) postings where the 

identity was claimed as CBI even when 

the chemical identity was listed on the 

public portion of the TSCA Chemical 

Substances Inventory. EPA believes that 

the posting of the TSCA section 8(e) 

information received is incomplete and 

far less informative where the public is 

not able to view the chemical identity 

associated with the new health and 

safety information posted. Where the 

identity of the chemical is already 

publicly available on the TSCA 

Chemical Substances Inventory, the new 

general practice will allow the public to 

link the TSCA section 8(e) information 

with the relevant chemical and will 

support the Agency’s mission of 

promoting public understanding of 

potential risks. 

List of Subjects 

Environmental protection, Chemicals, 

Confidential business information, 

Reporting and recordkeeping. 

Dated: January 14, 2010. 

Steve A. Owens, 

Assistant Administrator, Office of Prevention, 

Pesticides and Toxic Substances. 

[FR Doc. 2010–1105 Filed 1–20–10; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9104–9] 

Cross-Media Electronic Reporting Rule 

State Authorized Program Revision 

Approval: State of North Carolina 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: This notice announces EPA’s 

approval, under regulations for CrossMedia Electronic Reporting, of the State 

of North Carolina’s request to revise its 

EPA-authorized program to allow 

electronic reporting. 

DATES: EPA’s approval is effective 

January 21, 2010. 

FOR FURTHER INFORMATION CONTACT: Evi 

Huffer, U.S. Environmental Protection 

Agency, Office of Environmental 

Information, Mail Stop 2823T, 1200 

Pennsylvania Avenue, NW., 

Washington, DC 20460, (202) 566–1697, 

huffer.evi@epa.gov, or David Schwarz, 

U.S. Environmental Protection Agency, 

Office of Environmental Information, 

Mail Stop 2823T, 1200 Pennsylvania 

Avenue, NW., Washington, DC 20460, 

(202) 566–1704, 

schwarz.david@epa.gov. 

SUPPLEMENTARY INFORMATION: 

On October 13, 2005, the final CrossMedia Electronic Reporting Rule 

(CROMERR) was published in the 

Federal Register (70 FR 59848) and 

codified as part 3 of title 40 of the CFR. 

CROMERR establishes electronic 

reporting as an acceptable regulatory 

alternative to paper reporting and 

establishes requirements to assure that 

electronic documents are as legally 

dependable as their paper counterparts. 

Subpart D of CROMERR requires that 

state, tribal or local government 

agencies that receive, or wish to begin 

receiving, electronic reports under their 

EPA-authorized programs must apply to 

EPA for a revision or modification of 

those programs and get EPA approval. 

Subpart D provides standards for such 

approvals based on consideration of the 

electronic document receiving systems 

that the state, tribe, or local government 

will use to implement the electronic 

reporting. Additionally, in § 3.1000(b) 

through (e) of 40 CFR part 3, subpart D 

provides special procedures for program 

revisions and modifications to allow 

electronic reporting, to be used at the 

option of the state, tribe or local 

government in place of procedures 

available under existing programspecific authorization regulations. An 

application submitted under the subpart 

D procedures must show that the state, 

tribe or local government has sufficient 

legal authority to implement the 

electronic reporting components of the 

programs covered by the application 

and will use electronic document 

receiving systems that meet the 

applicable subpart D requirements. 

On October 15, 2008, the State of 

North Carolina Department of 

Environment and Natural Resources 

(NCDENR) submitted an application for 

its Integrated Build Environment for 

Application Management (IBEAM) 

electronic document receiving system 


jlentini on DSKJ8SOYB1PROD with NOTICES